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Aboriginal Peoples and the Justice System by Canada. Royal Commission on Aboriginal Peoples Pdf
"There was a widespread view among participants at the Round Table that the current justice system, especially the criminal justice system, is too centralized, too legalistic, too formal and too removed from the (Aboriginal) communities it is supposed to serve."--
Author : Harold R. Johnson Publisher : McClelland & Stewart Page : 149 pages File Size : 45,8 Mb Release : 2019-09-24 Category : History ISBN : 9780771048739
An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.
Indigenous Legal Traditions by Law Commission of Canada Pdf
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Author : Lisa Monchalin Publisher : University of Toronto Press Page : 448 pages File Size : 47,8 Mb Release : 2016-03-08 Category : Social Science ISBN : 9781442606647
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.
Aboriginal Justice and the Charter by David Milward Pdf
Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Justice in Aboriginal Communities by Ross Gordon Green Pdf
Canada's criminal justice system has had a troubled relationship with Aboriginal people. This discord can be seen in disproportionally high rates of incarceration and in the limited recognition given by the conventional system to the needs and values of Aboriginal communities. To compound matters, many remote communities are served by fly-in circuit courts, which visit the communities once a month, pronounce judgement on the cases presented to them, and then leave. Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities, including sentencing circles, elder and community sentencing panels, sentence advisory committees, and community mediation projects. At the heart of the book are case studies of northern communities, which Green uses to analyse the successes of and challenges to the innovative approaches to sentencing currently evolving in Aboriginal communities across the country. He concludes with a discussion of the ways in which the Canadian criminal justice system can facilitate or obstruct such innovations. This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer in northeastern Saskatchewan. This book is aimed at those concerned with criminal justice as well as practicing lawyers.
Indigenous People, Crime and Punishment by Thalia Anthony Pdf
Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.
"In the Canadian criminal justice system, aboriginal peoples are overrepresented as both victims and offenders. The aboriginal incarcerated population in Canada is rising each year and aboriginal people are twice as likely to become victims of assaults when compared to non-aboriginal people. In response, the Canadian state has framed the disproportionate victimization and criminalization of aboriginal peoples as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the Indian problem by encouraging readers to recognize the consequences of assimilation, crimes affecting aboriginal peoples, and violence against aboriginal women from a more culturally aware position. By bringing to light the truth of Canada's colonial past, the book demonstrates that the overrepresentation of aboriginal peoples in the Canadian criminal justice system is not an Indian problem but a colonial one."--
The Oxford Handbook of Ethnicity, Crime, and Immigration by Sandra M. Bucerius,Michael H. Tonry Pdf
This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries
Author : Menno Boldt,J. Anthony Long,Leroy Little Bear Publisher : University of Toronto Press Page : 424 pages File Size : 45,8 Mb Release : 1985-01-01 Category : Social Science ISBN : 0802065899
The Quest for Justice by Menno Boldt,J. Anthony Long,Leroy Little Bear Pdf
It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Author : Jane Dickson-Gilmore,Carol La Prairie Publisher : University of Toronto Press Page : 289 pages File Size : 53,7 Mb Release : 2005-06-27 Category : Social Science ISBN : 9781442690943
'Will the Circle be Unbroken?' by Jane Dickson-Gilmore,Carol La Prairie Pdf
Embraced with zeal by a wide array of activists and policymakers, the restorative justice movement has made promises to reduce the disproportionate rates of Aboriginal involvement in crime and the criminal justice system and to offer a healing model suitable to Aboriginal communities. Such promises should be the focus of considerable critical analysis and evaluation, yet this kind of scrutiny has largely been absent. 'Will the Circle be Unbroken?' explores and confronts the potential and pitfalls of restorative justice, offering a much-needed critical perspective. Drawing on their shared experiences working with Aboriginal communities, Jane Dickson-Gilmore and Carol LaPrairie examine the outcomes of restorative justice projects, paying special attention to such prominent programs as conferencing, sentencing circles, and healing circles. They also look to Aboriginal justice reforms in other countries, comparing and contrasting Canadian reforms with the restorative efforts in New Zealand, Australia, and the United States. 'Will the Circle be Unbroken?' provides a comprehensive overview of the critical issues in Aboriginal and restorative justice, placing these in the context of community. It examines the essential role of community in furthering both Aboriginal and non-Aboriginal aspirations for restorative justice.
Paul Havemann,University of Regina. Prairie Justice Research
Author : Paul Havemann,University of Regina. Prairie Justice Research Publisher : Regina : Prairie Justice Research, School of Human Justice, University of Regina Page : 230 pages File Size : 43,5 Mb Release : 1985 Category : Law ISBN : UOM:39015019805012
Law and Order for Canada's Indigenous People by Paul Havemann,University of Regina. Prairie Justice Research Pdf
Critical assessment of available Canadian research literature (generally 1972-1983) describing the impact of selected components of the criminal justice system on native people in Canada.
Reconciliation and Indigenous Justice by David Milward Pdf
The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.
